ARTICLE 1.

Workers' Compensation Act.

Section

§97-42. Deduction of payments.

Payments made by the employer to the injured employee during the
period of his disability, or to his dependents, which by the terms
of this Article were not due and payable when made, may, subject
to the approval of the Commission be deducted from the amount
to be paid as compensation. Provided, that in the case of disability
such deductions shall be made by shortening the period during
which compensation must be paid, and not by reducing the amount
of the weekly payment. Unless otherwise provided by the plan,
when payments are made to an injured employee pursuant to an employer-funded
salary continuation, disability or other income replacement plan,
the deduction shall be calculated from payments made by the employer
in each week during which compensation was due and payable, without
any carry-forward or carry-back of credit for amounts paid in
excess of the compensation rate in any given week. (1929, c. 120,
s. 42; 1993 (Reg. Sess., 1994), c. 679, s. 3.7.)